Commissioner of Police v Malcolm

The High Court of New Zealand heard an application by the Commissioner of Police for the renewal of a restraining order against Wayne Puhi Malcolm, concerning the use of two bank accounts. The restraining order was initially made on May 25, 2010, and had been extended several times due to delays in sentencing Malcolm. Malcolm, appearing without legal representation, opposed the extension but expressed a desire to obtain legal counsel. He argued that the restraining order had been in place for over two years and would reach three years if extended again.

The court had to decide whether to grant the extension, considering the length of time the restraining order had already been in effect and the need for the police to expedite their application for a profit forfeiture order. The court noted that the significant delay in the matter was partly due to the appeal against Malcolm's sentencing by the Crown. The Commissioner of Police acknowledged some delay in preparing the profit forfeiture application but assured that it would be attended to promptly.

The court decided to extend the restraining order for the final time, until March 31, 2013, to allow the police sufficient time to file a profit forfeiture order application. The court emphasized that this extension should be the last and urged the police to act swiftly. The court also offered to hear any further challenges from Malcolm, provided he obtained legal representation and presented new grounds for objection.

The court's final order was to extend the restraining order on Malcolm's bank accounts until March 31, 2013, with the condition that this extension must be the last unless the police had filed a profit forfeiture order application by then. If such an application was made, further extension could be considered pending a merits hearing.